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posted May 28, 2001

Charlton Heston re-elected NRA president

Charlton Heston, who has electrified the National Rifle Association with
his rousing, musket-waving speeches, was re-elected to an unprecedented
fourth term as NRA president on May 21.

The 77-year-old actor was chosen by the NRA's 76-member board of directors.

"There really wasn't much discussion" about whether to keep
Heston in the job, said NRA spokesman Bill Powers.

Heston was first elected to head the 4.2-million-member gun-rights group
in 1998. Presidents serve one-year terms.

Two days earlier, he told NRA members at their annual meeting that he
had expected his most recent term to be his last but that he was asked
to stay on.

To a roaring crowd, he thrust a Revolutionary War musket above his head
and said, "I have only five words for you: From my cold, dead hands."

It was an encore of his performance at last year's convention, when he
issued a challenge to gun-control forces he said want to disarm NRA members.

Powers said Heston is "a tremendous resource" for the NRA because
of his history of civil rights involvement, including marching with the
Rev. Martin Luther King and working for free-speech and gun rights.

"Given that long life of service to those important issues, he brings
to bear a tremendous amount of credibility on our behalf," Powers
said.

GOP will court its libertarian wing

Influential Republicans are preparing an election game plan to put reliable
majorities in Congress.

The trick, they say, is to go back to the limited-government basics of
the party's libertarian wing without generating friction with social and
religious conservatives.

"Our party's broad center-right coalition includes social conservatives
as well as libertarians, so it's doable," Republican strategist Grover
Norquist said.

He said that if Republicans had sought to win over even a tiny percentage
of the Libertarian Party vote in Nevada and Washington state, it would
have a 52-48 Senate majority instead of a 50-50 split.

Norquist notes that in Washington state's Senate race last year, Republican
incumbent Slade Gorton lost to Democrat challenger Maria Cantwell by only
2,229votes. Libertarian Jeff Jared gathered 64,734 votes in that race.
If Republicans had grabbed only 4 percent of Jared's vote, Gorton would
be in the Senate.

Two years earlier, Republican John Ensign lost to incumbent Democrat
Sen. Harry Reid in Nevada by a merely 428 votes, while Libertarian Michael
Cloud took 8,044 votes. If Republicans had appealed directly to conservative-minded
voters who went for Cloud and won just 6 percent of them, the Nevada Senate
seat would have gone Republican.

And in New Mexico, Al Gore beat Bush by only 366 votes. "Bush could
easily have peeled that many votes from the 2,058 that Libertarian candidate
Harry Browne got, if Bush had only gone after that vote," said state
Republican Chairman John Denhahl. "Democrats made the case that a
vote for Nader was a vote for Bush, and we could have made the case that
a vote for Browne was a vote for Gore."

To avoid such disasters, Republicans are pinning their hopes, in part,
on something called the Republican Liberty Caucus.

"The most important thing is to get the libertarian-leaning voter
to vote Republican," said Liberty Caucus National Chairman Chuck
Muth. "To do that, Republicans can't just say, 'Let's slow the spending
growth to just 4 percent, adjusted for inflation [as they did in the federal
budget].' Government is already too big and too intrusive."

"Since 1995, the Republican Congress has been expanding government,
and that is precisely why so many voters who voted for Republicans in
1994 have been staying home or have fled to the third party movement,"
said Muth.

One inevitable source of conflict, however, that will pit the Liberty
Caucus against many establishment Republicans is that the caucus will
recruit, train and support Republican candidates to go up against other
Republicans, including incumbents, who don't support cutting government
and taxes and maximizing personal freedom.

"It will cause friction with the establishment that always wants
to support incumbents like [Vermont Sen. James M.] Jeffords and [Rhode
Island Sen. Lincoln] Chafee for not supporting the Bush tax cuts,"
Muth said. "Other 'RINOs' [Republicans in name only] and the establishment
won't support us on that, but the grass-roots Republicans will."

The Liberty Caucus, he said, also will "keep an eye on" wavering
Republicans like Maine Sen. Olympia Snowe, New Jersey Rep. Marge Roukema
and Maryland Rep. Connie Morella. "But we have to be careful not
to give away a seat to the Democrats by targeting a Republican."
"Make no mistake," Muth said. "Grass-roots Republicans
are angry as hornets at Jeffords and Chafee right now and have been at
other RINOs for five years, such as [Connecticut Republican Rep.] Chris
Shays," co-author of the House version of the McCain-Feingold campaign
finance regulation bill.

Norquist said that a caucus goal is to "avoid disasters" like
Gorton's loss inflicted by a Libertarian. "This also happens for
House races and for state legislative officers. It's why the Republicans
lost control of the Colorado state Senate. So looking for areas of cooperation
between libertarian conservatives and Republicans is very important."

Muth thinks the Republican Party "should be comfortable doing that.
Our job as the Liberty Caucus is to return the Republican Party to its
limited-government roots."
But is the party itself on board, in spite of the risks?

"I'm a libertarian Republican," said Montana Republican Chairman
Matt Denny. "And I don't see much conflict with social and religious
conservatives. At bottom, we want the same things. Libertarians believe
we don't need a paternalistic government telling us how to run our businesses
or raise our children."

Free speech more vital than privacy, court rules

The Supreme Court on May 21 ruled that news organizations may not be
prevented from broadcasting or publishing material of public concern,
even if it was obtained illegally by someone else.

By a vote of 6-3, the court concluded that the First Amendment protected
the right of a Pennsylvania radio commentator to broadcast a secretly
made tape-recording of a cellular phone conversation in which two local
labor officials discussed a teachers' strike.

Federal law prohibits such eavesdropping, but the radio host had not
made the tape-recording himself. It came to him from a resident who had
himself received it, unsolicited, from an unknown person who dropped it
in his mailbox.

The case involved a labor dispute in Pennsylvania and the repeated airing
on the radio of a 1993 cellular phone exchange between Gloria Bartnicki,
negotiator for the teachers union, and Anthony Kane Jr., the union president.

During the conversation, Kane discussed what might happen if the union's
pay demands were not met.

"We're going to have to go to their homes," he said, referring
to school board members, " to blow off their front porches."

The tape was ultimately turned over to the talk-show host Frederick Vopper,
who played it repeatedly on the air. Ms. Bartnicki and Kane sued, saying
Vopper should have known the tape was acquired illegally.

The court decided that the public's interest in hearing the information
outweighed the privacy interests of Ms. Bartnicki and Kane, as long as
the broadcaster himself did nothing illegal.

"It would be quite remarkable to hold that speech by a law-abiding
possessor of information can be suppressed in order to deter conduct by
a non-law-abiding party," Justice John Paul Stevens wrote in an opinion
for the court.

In dissent, Chief Justice William Rehnquist, joined by Justices Clarence
Thomas and Antonin Scalia, raised the specter of future high-tech invasions
of privacy in an era where forms of communication such as e-mail are widely
used and relatively easy, they said, to intercept.

They said the court's decision would "chill the speech of the millions
of Americans who rely upon electronic technology to communicate each day."

Little Rock to seize man's property for Clinton library

Little Rock is defending its plan to seize land from a private property
owner for President Clinton's presidential library.

Eugene Pfeifer III has asked the Arkansas Court of Appeals to overturn
a lower court ruling allowing the city to take his 2.9 acres, based on
a state law that allows the city to take land from property owners for
public parks.

Pfeifer argues that the 27.7-acre Clinton library site does not fit the
definition of a public park, so the city has no right to his land.

The city of Little Rock has filed a motion with the court arguing that
the definition does apply.

"For several years, the city has talked about a chain of parks along
the Arkansas River," city attorney Tom Carpenter wrote.

The city has offered $400,000 for Pfeifer's property.

European report downplays Echelon's abilities

A global surveillance system known as Echelon does exist and has the
ability to eavesdrop on telephone calls, faxes and e-mail messages, a
European Parliament committee has concluded.

In a 250KB
draft report, the committee said that Echelon -- operated by English-speaking
countries including the United States, Canada and Great Britain -- is
designed for intelligence purposes but that no "substantiated"
evidence exists that it has been used to spy on European firms on behalf
of American competitors.

While impressive, Echelon is not "nearly as extensive" as news
reports have claimed, the 33-member committee concluded, saying the system
continues to rely heavily on satellite and radio intercepts and can intercept
"only a very limited proportion" of the growing amount of telecommunications
traffic that flows through fiber optic and land lines.

The report, due to be finalized and released in June or July, caps a
year of research that became more politically charged as the group's investigation
progressed. When representatives of the committee traveled to Washington
this month, National Security Agency officials refused to meet with them,
prompting the European Parliament to pass a resolution in protest.

"The U.S. has arguably aggravated this situation by its treatment
of the EU delegation during its visit," says Steven Aftergood of
the Federation of American Scientists, which received a leaked copy (PDF
867KB) of the report and published it on its website last week.

"By snubbing them, they basically said, 'You're on your own, go
do what you've got to do, we don't care very much," Aftergood said.
"I don't think that's a constructive posture for the U.S. to have
taken."

Perhaps the most complete description of Echelon comes from Body of Secrets
(Doubleday), a recent book by James Bamford. It says that Echelon is the
name of the software package the NSA created in the 1970s to allow participating
intelligence agencies to dip into the pool of information gathered from
listening posts around the globe.

Analysts with access to the classified network can use an AltaVista-like
search engine to forward queries through the Echelon system that contain
keywords, names, phrases or telephone numbers, Bamford says.

Last June, the European parliament created a temporary committee to investigate
how extensive the Echelon system -- operated by the United States, Britain,
Australia and New Zealand -- was, and whether it had been used to spy
upon and give American firms an advantage in international business decisions.

The European Parliament mandate that created the committee asks the group
to consider whether Europeans' privacy rights are being violated, and
"whether European industry is put at risk by the global interception
of communications."

The committee's draft report, which appears to have been written before
the abortive visit to the United States, says that any European Union
country -- that is, Great Britain -- using Echelon for corporate espionage
would violate its treaty responsibilities.

The NSA's general counsel, Robert Deitz, said in 1999, "I wish to
make clear that the agency does not violate the Constitution or the laws
of the United States. NSA operates under the eyes of Congress, the executive
branch and the judiciary, and an extensive oversight system regulates
and limits its activities."

Don't revel in Alliance misfortunate, Mulroney tells party

The creation of regional parties such as the Canadian Alliance and Bloc
Quebecois may have been well-intentioned but has served no one except
the federal Liberals, former prime minister Brian Mulroney said May 23.

But Mulroney urged the 400 Conservatives at a fundraiser not to revel
in the current problems of the Alliance or its leader, Stockwell Day.

''Let us not delight in the misfortune of others,'' Mulroney said. ''They
have families, too.''

Mulroney joined Tory leader Joe Clark at the $175-per-ticket affair at
the upscale Ritz-Carlton Hotel to cheerlead for the party and recount
past victories.

Mulroney said the Tories are the only opposition party capable of forming
a national government, suggesting the Alliance and the Bloc are too focused
on regional concerns.

He said the legacy of the Alliance and the Bloc was to ''give the Liberals
three majority governments.''

Clark, who was prime minister from June 4, 1979, until March 2, 1980,
has been looking for votes among Canadian Alliance supporters who have
become disillusioned with Stockwell Day's leadership.

For Mulroney, who was prime minister from 1984 to 1993, the occasion
marked the third time in a year that he has played the star draw at a
major Tory event.

It's a return from political obscurity for Mulroney, 62, who spends much
of his time on the boards of top corporations and has apparently outlasted
at least some of the enmity that he drew during his years in office.

Things aren't that simple for Clark, 61, who was minister of external
affairs in the Mulroney cabinet. It's not clear how much voter support
Clark could gain or lose if he gets too closely identified with his old
boss.

In Quebec, Clark has been trying to revive the popular support that helped
to keep Mulroney in office before the Tories' vote-delivering network
collapsed.

Mulroney, who gave unequivocal backing to Clark when he badly needed
it to keep the party afloat, hasn't shaken off all the wounds suffered
at the hands of critics.

In each public appearance, Mulroney has taken trouble to defend his record
and to argue that his positions favouring free trade and other initiatives
have been vindicated.

The fundraiser was held under the chairmanship of Senator David Angus,
a Montreal lawyer appointed by Mulroney to the upper chamber in 1993.

Clark's latest visit to Quebec included a headline-grabbing statement
of his personal belief that the simple possession of marijuana should
be decriminalized.

The Tory leader, who hopes to gain seats from the Bloc in the next federal
election, held talks earlier in the week with Premier Bernard Landry,
whom he described as a longtime friend.

However, Clark made it clear at the Quebec City talks that he's strongly
opposed to the Parti Quebecois sovereignty goal.

Republican senator to sit as independent

U.S. Senator James Jeffords bolted the Republican party and declared
himself an independent on May 24 in a move that will give the Democrats
control of the U.S. Senate for the first time since 1994.

Standing
in front of a Vermont state flag in a crowded hotel ballroom, the veteran
politician made his announcement after a failed last-ditch effort by Republicans
and President George W. Bush to keep him in the fold. His decision will
give control of the 100-seat U.S. Senate previously split 50-50
to the Democrats.

About two dozen people stood outside the hotel on Burlington's Lake Champlain
waterfront to greet Jeffords.

''Wow! A politician with a conscience,'' read the hand-lettered sign
of one onlooker.

''In order to best represent my state of Vermont, my own conscience and
principles that I have stood for my whole life, I will leave the Republican
party and become an independent,'' Jeffords said as his supporters erupted
in cheers.

Jeffords said that he had been ''struggling with a very difficult decision''
for the past several weeks.

The senator said as recently as the November elections he had ''no thoughts
whatsoever'' about changing parties. But he said that the Republican takeover
of the White House had made it more difficult for Republican members of
Congress to take positions at odds with Bush.

''I understand that many people are more conservative than I am and they
form the Republican party,'' Jeffords said.

''Given the changing nature of the national party, it has become a struggle
for our leaders to deal with me and for me to deal with them.''

The White House took exception to Jeffords' remarks and pointed to votes
the day before in Congress on the president's education and tax cut proposals
as evidence that Bush works with both parties.

Bush ''emphatically disagrees with what was said,'' White House spokesman
Scott McClellan said.

With supporters chanting ''Thank you, Jim! Thank you, Jim,'' Jeffords
said he came to his decision with the history of his small state in mind.

''Anyone that knows me knows I love Vermont,'' Jeffords said. ''Vermont
has always been known for its independence and social conscience.''

Declaring that he felt ''as if a weight has been lifted from my shoulders,''
Jeffords said he made his decision the night before after meeting with
moderate colleagues in the Senate.

''It was the most emotional time I have ever had in my life, with my
closest friends urging me not to do what I was about to do because it
affected their lives substantially,'' he said.

Loss of control of the Senate will cost Republicans their committee chairmanships
and other perquisites.

But Jeffords said he felt unwelcome in a caucus so dominated by conservatives.

''Looking ahead, I can see more and more instances where I'll disagree
with the president on very fundamental issues the issues of choice,
the direction of the judiciary, tax and spending decisions, missile defence,
energy and the environment, and a host of other issues, large and small,''
Jeffords said.

Barbara Snelling, a state senator and former lieutenant governor, said
she thought it ''unfortunate that the Republican party has been such a
difficult place for moderates.''

''The party has changed, and now it doesn't seem to be able to live with
moderates,'' Snelling said.

Jeffords won re-election to a third term last year. Polling shows him
to be the state's most popular politician. He has served in elected office
in the state since the 1960s and in the Congress since 1975 14
years in the House of Representatives and 12 years in the Senate.

Some state Republican leaders were furious about Jeffords' decision.
''My concern for Jeffords is that his legacy will be as one of Benedict
Arnold,'' said Skip Vallee, the state Republican party's national committeeman.

Others called on Jeffords to resign his Senate seat, then run again in
a special election without a party banner.

But interviews in Jeffords' home town of Rutland found most people supportive
of the senator.

''I think the rest of the country is getting a little bit better picture
of what it is to be a Vermonter,'' said John Alexander.

''He's voting his conscience. I just wish the rest of the Congress was
like that.''

Rutland lawyer Arthur Crowley, a longtime Republican activist, said he
would stick with Jeffords.

''This issue is based solely on Jim's moderate political philosophy and
what he thinks is best for Vermont,'' said Crowley, a former county and
state Republican committee chairman.

''I will agree with whatever decision he makes,'' Crowley added. ''He
has always represented us well in Washington, and I'm sure he will continue
to do so.''

Judge frees driving range owner, still rules against him

A Reston golf driving-range owner has been freed after 97 days in jail,
but he's also had a new landscaper foisted upon him: Fairfax County.

Circuit Court Judge Michael P. McWeeny, frustrated by the refusal of John
Thoburn to plant 270 trees and shrubs around his golf range in compliance
with zoning rules, on May 24 authorized the county to come onto Thoburn's
property and do the landscaping work itself. He also levied a $48,500
fine on Thoburn  $500 for each day he was in jail  and ordered
that Thoburn reimburse the county for its work.

McWeeny acknowledged that putting Thoburn in jail under a civil contempt
citation had not been successful in compelling him to comply with a court
order issued a year ago to plant the trees and shrubs.

Thoburn's incarceration became a rallying point for property-rights advocates
across the country. But McWeeny said there was no doubt that the county
was within its rights to enforce the zoning rules.

"What's been before me is simply a question of obeying the law,"
McWeeny said. "Before I incarcerated him (Feb. 16), I gave him the
option to comply or close the facility. He chose to do neither."

Thoburn left the jail in a crumpled blue suit, declaring victory.

"They did not succeed in closing my business," he said.

Nevertheless, he was clearly displeased with the judge's ruling and said
he was considering either an appeal or a motion asking McWeeny to reconsider
his verdict.

"I used to think that constitutional property rights, that you could
rely on the courts to protect you," he said.

Thoburn says he's already planted 700 trees and shrubs at a cost of $125,000
and that a previous county official had agreed the landscaping work he
had done was sufficient. But the county arborist, Michael Knapp, testified
that nearly 100 trees were planted in the wrong place on the 46-acre site
and that Thoburn needed to plant 270 additional trees and shrubs to comply
with the zoning regulations and site plan.

Thoburn's attorneys argued that what the county sought was impossible
because Thoburn doesn't have the estimated $30,000 to $40,000 that would
be required to do all the plantings.

Thoburn testified that the range loses $500,000 a year, that he was 60
days behind on his mortgage and owed $100,000 in back taxes to Fairfax
County and $25,000 to the IRS.

County attorney J. Patrick Taves scoffed at the notion that Thoburn is
destitute, and Thoburn acknowledged under cross-examination that his property
in Fairfax County has an assessed value of $7.5 million.

"He's a very wealthy man, at least land-wise. If he can't make a
profit, then perhaps he ought to sell some of the properties he owns,"
Taves said.

Taves said the only way to bring the property into compliance was for
the county to do the work itself.

"He's an extraordinarily stubborn man who refuses to comply with
this court's rulings," he said.

County spokeswoman Merni Fitzgerald said the county is pleased with the
ruling and wants to complete the landscaping work as soon as possible.

Thoburn's lawyers were optimistic the work would not begin until at least
June 5, when the Board of Zoning Appeals will again review Thoburn's case.